Friedman v. Salvati

Plaintiff, the owner and operator of a motor vehicle sued to recover damages for personal injuries and to his automobile resulting from an intersection collision with a vehicle operated by defendant. Theretofore, an infant passenger in defendant’s car had sued both plaintiff and defendant in the Supreme Court, Westchester County, and had recovered a judgment against both of them. Based on the infant’s recovery in that action, defendant moved to amend his answer to plead res judicata. That motion was denied and no appeal was taken.

Thereafter, defendant moved for summary judgment. This appeal…